22 Amendments of Juan FRAILE CANTÓN related to 2008/0016(COD)
Amendment 278 #
Proposal for a directive
Recital 39
Recital 39
(39) The incentives provided for in this Directive for biofuels and other bioliquids, and the increasing worldwide demand for biofuels and other bioliquids, should not have the effect of encouraging the destruction of bio-diverse lands. Such exhaustible resources, recognised in various international instruments to be of value to all mankind, should be preserved. Consumers in the Community, in addition, would find it morally unacceptable that their increased use of biofuels and other bioliquids could have the effect of destroying bio-diverse lands. For these reasons, it is necessary to provide criteria ensuring that biofuels and other bioliquids can only qualify for the incentives when it can be guaranteed that they do not originate in hitherto bio-diverse land whose biodiversity might become endangered.
Amendment 324 #
Proposal for a directive
Article 1
Article 1
This Directive establishes a common framework for the promotion of energy from renewable sources. It sets mandatory targets for the overall share of energy from renewable sources in energy consumption and for the share of energy from renewable sources in transport. It lays down rules relating to guarantees of origin, administrative procedures and electricity grid connections in relation to energy from renewable source and its integration into the EU internal energy market with a view to enhancing security of supply, environmental protection, and the EU’s competitiveness and industrial leadership. It sets mandatory national and Community-wide targets for the overall share of energy from renewable sources in energy consumption in order to ensure that in 2020 at least 20% of the EU’s final consumption of energy will be accounted for by renewable sources and at least 10% of final petrol and diesel fuel consumption in transport will be provided by such sources. It lays down rules relating to the protection of national support schemes and detailed national action plans for energy from renewable sources, and provides for arrangements making for flexibility between Member States for the purposes of meeting targets and regarding administrative procedures and renewable energy infrastructure connections. It establishes environmental and social sustainability criteria for biofuels and other bioliquids. energy from biomass.
Amendment 351 #
Proposal for a directive
Article 2 – point b
Article 2 – point b
(b) “biomass” means the biodegradable fraction of products, waste and residues from agriculture (including vegetal and animal substances), aquaculture, forestry and related industries, as well as the biodegradable fraction of industrial and municipal waste;
Amendment 373 #
Proposal for a directive
Article 2 – point h
Article 2 – point h
(h) “support scheme” means a scheme, originating from a market intervenction by a Member State, that helps energy from renewable sources to find a market by reducing the cost of production of this energy, increasing the price at which it can be sold, or increasing, by means of a renewable energy obligation or otherwise, the volume of such energy purchased serving to create or increase incentives for greater use of energy from renewable sources. National support schemes include in particular renewable energy obligations, investment aid, tax exemptions or deductions, tax refunds, and direct price support, in particular premium and purchase rate arrangements;
Amendment 458 #
Proposal for a directive
Article 5 – paragraph 4 – subparagraph 1
Article 5 – paragraph 4 – subparagraph 1
4. For the purposes of paragraph 1(a), final consumption of electricity from renewable sources shall be calculated as the quantity of electricity produced in a Member State from renewable energy sources, excluding the production of electricity by pumped storage units using water that has in the amount corresponding to previously been pumped uphill, adjusted in accordance with Article 10water.
Amendment 460 #
Proposal for a directive
Article 5 – paragraph 4 – subparagraph 2 a (new)
Article 5 – paragraph 4 – subparagraph 2 a (new)
In cases where the biodegradable proportion of industrial and municipal waste cannot be calculated accurately, the figure of 70% of the total of such waste shall be taken.
Amendment 487 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure - solely for information purposes - that the origin of electricity produced from renewable energy sources, and of heating or cooling produced from renewable energy sources in plants with a capacity of at least 5 MWth, can be gu can be guaranteed as such within the meaning of this Directive, in accordance with objective, transparaenteed as such within the meaning of this Directiv and non-discriminatory criteria established for each Member State. To that end, Member States shall ensure that a guarantee of origin is issued in response to a request from a producer of renewable energy. A guarantee of origin shall be of the standard size of 1 MWh. No more than one guarantee of origin shall be issued in respect of each MWhunit of energy produced.
Amendment 500 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Guarantees of origin shall be issued, transferred and cancelled electronically. They shall bMember States shall implement suitable mechanisms for ensuring that guarantees of origin are accurate, reliable and fraud- resistant. A guarantee of origin shall specify, at least: (a) the energy source from which the energy was produced and the starting and ending dates of its production; (b) whether the guarantee of origin relates to (i) electricity; or (ii) heating and/or cooling; (c) the identity, location, type and capacity of the installation where the energy was produced, and the date of the installation’s becoming operational; (dc) the date and country of issue and a unique identification number; (e) the amount and type of any investment aid that has been given for the installationA guarantee of origin must serve to enable producers of electricity of renewable origin to demonstrate that the electricity which they sell is produced from renewable sources within the meaning of this Directive.
Amendment 506 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States shall recognise guarantees of origin issued by other Member States in accordance with this Directive. Any refusal by a exclusively as proof of the elements referred to in the second paragraph of this Article. A Member State may refuse to recognise a guarantee of origin shall be based on objective, transparent and non- discriminatory criteria. In the event ofonly in cases where there are well- founded doubts about the accuracy, reliability and truthfulness thereof. The Member State shall share the information relating to such doubts with the Commission. If the Commission considers that the refusal to recognise a guarantees of origin, the Commission may adopt is not well-founded, it may take a Ddecision to requiringest the Member State in question to recognise itsuch guarantees.
Amendment 520 #
Proposal for a directive
Article 7
Article 7
Amendment 540 #
Proposal for a directive
Article 8
Article 8
Submission of guarantees of origin for cancellation 1. A guarantee of origin, corresponding to the unit of energy in question, shall be submitted for cancellation to a competent body designated in accordance with Article 7 when: (a) the production of a unit of electricity from renewable energy sources, or the production of a tatistical transfers between Member States 1. Member States may make arrangements for the statistical transfer of a specified amounit of heating or coolingenergy from renewable energy sources in a plant with a capacity of at least 5 MWth, receives support in the form of feed-in tariff payments, premium payments, tax reductions or payments resulting from calls for tenders, in which case the guarantee shall be submitted to the competent body designated by the Member State that established the system of support; (b) a unit of electricity proto be transferred from one Member State to another. The transferred quantity shall be: (a) deducted from renewable energy sources, or a unit of heating or cooling producedthe amount of energy from renewable energy sources in a plant with a capacity of at least 5 MWth, is taken into account for the purposes of assessing an entity’s compliance with a renewable energy obligation, in which case the guarantee of origin shall be submitted to the competent body designated by the Member State that established the obligation; orthat is taken into account in measuring compliance by the Member State with the requirements of Article 3 concerning national targets; and (cb) an energy supplier or energy consumer chooses to use a guarantee of origin for the purpose of proving the share or quantity of renewable energy in its energy mix, without claiming the benefits of a support scheme in accordance with points (a) and (b); in this case, the guarantee of origin shall be submitted to the competent body designateddded to the amount of energy from renewable sources that is taken into account in measuring compliance by another Member State in which the energy described by the energy mix in question is consumed. 2. Where an operator has submitted one or more guarantees of origin to a competent body in accordance withwith the requirements of Article 3 concerning national targets. 2. Arrangements under paragraphs 1(a) or (b), the operator shall: (a) request guarantees of origin, in accordance with Article 6(1), for all future production of renewable energy sources from t may have effect for at least one year. They same installation; (b) submit these guarantees of origin for cancellation to the same competent body. 3. Guarantees of origin shall not be submithall be notified to the Commission no later than 3 months aftedr to a competent body for cancellation more than 1 year after their date of issuehe end of the first year in which they take effect.
Amendment 574 #
Proposal for a directive
Article 9
Article 9
Amendment 615 #
Proposal for a directive
Article 10
Article 10
Amendment 810 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1
Article 15 – paragraph 3 – subparagraph 1
3. Biofuels and other bioliquids taken into account for the purposes referred to in paragraph 1 shall not be made from raw material obtained from land with recognised high biodiversity value, that is to sayhigh biodiversity value, unless evidence is provided that the production of that raw material is compatible with keeping or enhancing those biodiversity values. For the purposes of this paragraph, “land with high biodiversity value” means land that had one of the following statuses in or after January 2008 , whether or not the land still has this status: (a) forest undisturbed by significant human activity, that is to say, forest where; (b) (i) areas designated by law or by the re has been no known significant human intervention or where the last significant human intervention was sufficiently long ago to have allowed the natural species composition and processes to have become re-establlevant competent authority for nature protection purposes, or (ii) areas for the protection of rare, threatened or endangered ecosystems or species recognished; (b) areas designated for nature protection purposes, unless evidence is provided that the production of that raw material did not interfere with those purposes by international agreements, subject to their recognition in accordance with the procedure provided for in Article 16(4), second subparagraph; (c) highly biodiverse grassland, that is to say grassland that is species-rich, not fertilised and not degraded.
Amendment 830 #
Proposal for a directive
Article 15 – paragraph 4 – subparagraph 1 – point b
Article 15 – paragraph 4 – subparagraph 1 – point b
(b) continuously forested areas, that is to say land spanning more than 1 hectare with trees higher than 5 metres and a canopy cover of more than 30%, or trees able to reach these thresholds in situ;
Amendment 839 #
Proposal for a directive
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. Biofuels and other bioliquids shall not be taken into account for the purposes referred to in paragraph 1 if they have received grants, tax exemptions or other public incentives intended to reduce their production costs and get an unfair competitive advantage.
Amendment 848 #
Proposal for a directive
Article 15 – paragraph 5 a–b (new)
Article 15 – paragraph 5 a–b (new)
5a. Biofuels and other bioliquids shall be taken into account for the purposes referred to in paragraph 1 only if the country in which they were cultivated has ratified and effectively implemented all of the following treaties and Conventions: – Convention on International Trade in Endangered Species of Wild Fauna and Flora, – Convention on Biological Diversity, – Cartagena Protocol on Biosafety, – Kyoto Protocol to the United Nations Framework Convention on Climate Change. – Convention of the International Labour Organization concerning Minimum Age for Admission to Employment (No 138); – Convention of the International Labour Organization concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (No 182); – Convention of the International Labour Organization concerning the Abolition of Forced Labour (No 105); – Convention of the International Labour Organization concerning Forced or Compulsory Labour (No 29); – Convention of the International Labour Organization concerning Equal Remuneration of Men and Women Workers for Work of Equal Value (No 100); – Convention of the International Labour Organization concerning Discrimination in Respect of Employment and Occupation (No 111); – Convention of the International Labour Organization concerning Freedom of Association and Protection of the Right to Organise (No 87); – Effective implementation of those treaties shall be ascertained having regard to countries' implementation record in accordance with the treaties' implementation provisions and, in particular, any recommendations by bodies set up under those treaties to monitor compliance. 5b. If a country has not ratified the treaties listed in paragraph 5a(a) but the national authorities or the economic operator provides the Commission with reliable information giving evidence that, in that country, the standards of environment protection are equivalent to those contained in those treaties, the Commission may decide, in accordance with the procedure referred to in Article 21(2), that biofuels and other bioliquids produced in that country can be taken into account for the purposes referred to in paragraph 1.
Amendment 868 #
Proposal for a directive
Article 15 – paragraph 7
Article 15 – paragraph 7
7. The Commission shall report on requirements for a sustainability scheme for timber industry, food industry, petroleum industry and energy uses of biomass, other than biofuels and other bioliquids, by 31 December 2010 at the latest. The report shall be accompanied, where appropriate, by proposals for a sustainability scheme for other energy uses of biomass industrial sectors indicated above in this paragraph, to the European Parliament and the Council.
Amendment 927 #
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 1095 #
Proposal for a directive
Annex VII – part C – paragraph 7
Annex VII – part C – paragraph 7
7. Annualised emissions from carbon stock changes caused by land use change, el, shall be calculated by dividing total emissions equally over 20 years. For the calculation of these emissions the following rule shall be applied: el = (CSR – CSA) x MWCO2/MWC3.664 x 1/20 x 1/P [-eB], where el = annualised greenhouse gas emissions from carbon stock change due to land use change (measured as mass of CO2- equivalent per unit biofuel energy); CSR = the carbon stock per unit area associated with the reference land use (measured as mass of carbon per unit area, including both soil and vegetation). The reference land use shall be the land use in January 2008 or 20 years before the raw material was obtained, whichever was the latestr; CSA = the carbon stock per unit area associated with the actual land use (measured as mass of carbon per unit area, including both soil and vegetation); MWCO2 = molecular weight of CO2 = 44.010 g/mol; MWC = molecular weight of carbon = 12.011 g/mol; and P = the productivity of the crop (measured as biofuel or other bioliquid energy per unit area per year); and eB = bonus of [x] gCO2eq/MJ biofuel or other bioliquid energy if biomass is obtained from restored degraded land; i.e., land formerly used for agricultural production that was, in January 2008, unsuitable for agricultural production (e.g., salinated land and abandoned rubber plantations) and which, before restoration, was not land as mentioned in Article 15(3) or (4).
Amendment 1109 #
Proposal for a directive
Annex VII – part C – paragraph 16 – subparagraph 2
Annex VII – part C – paragraph 16 – subparagraph 2
In the case of biofuels and other bioliquids, all co-products, including electricity that does not fall under the scope of paragraph 14, shall be taken into account for the purposes of this calculation, except for agricultural crop residues, including straw, bagasse, husks, cobs and nut shells. Co-products that have a negative energy content shall be considered to have an energy content of zero for the purpose of the calculation.
Amendment 1113 #
Proposal for a directive
Annex VII – part C – paragraph 17 – subparagraph 1
Annex VII – part C – paragraph 17 – subparagraph 1
17. For biofuels, for the purposes of the calculation referred to in paragraph 4, the fossil fuel comparator EF shall be the latest available actual average emissions from the fossil part of petrol and diesel consumed in the Community as reported under [Directive 98/70/EC]. If no such data are available, the value used shall be 83.890 gCO2eq /MJ.